to do. three chapters on a solution what parents and grandparents can do to save the most precious thing we have. >> be involved in the kids, no important issue. >> comes out in a month, you can preorder now. >> i have already gotten six. >> incredible. thank you to everyone, and here is "america reports." >> thank you, emily, and fox news alert to kick off "america reports" on this monday, officials looking for clues and missed warning signs after a horrifying weekend of carnage with deadly mass shootings at a supermarket in buffalo and church in california, along with other incidents in wisconsin and texas. hello, john roberts. hello to jacqui. >> jacqui: i'm jacqui heinrich in for sandra smith. on saturday, a gunman opened fire in buffalo, new york. killing ten, and injuring three

others. the suspect identified himself in a white supremacist in a manifesto online. the president calls it domestic terrorism. >> the archive says more than 200 mass shootings so far this year, including more than 30 this month. you can see just some of those scrolling on the screen. archive defines it as one in which four or more people are injured or killed, not including the shooter. >> jacqui: we'll talk to erie county sheriff john garcia and the latest on the investigation in buffalo. we also have fox team coverage. jonathan hunt is live in laguna woods, california. the site of a mass shooting in a church. >> john: alexis is in buffalo, how is the community reacting? >> john, this afternoon the community is still grieving through tears, they are talking about the innocent family members who had their lives taken away inside and outside of that supermarket behind me in the east side of buffalo here in

new york. this was a hate crime, according to investigators. still looking through the details of a nearly 200 page manifesto the gunman posted online and the grocery store behind me covered in crime scene tape. take a look on the screen, where it all unfolded. fbi continuing the investigation this morning with new video this afternoon shows the fbi out here taking photos of the scene and also marking several bullet holes left in the grocery store building where the gunman opened fire killing ten people and injuring three. police now say they believe the gunman's rampage was not going to end at the tops grocery store. that he was planning to continue the rampage in the neighborhood here in buffalo. apparently trying to choose this neighborhood specifically because of the zip code, did some research, the largest black population in buffalo. listen. an many more people could have lost their lives. that was the intent of this

shooter, to 'til as many black people as possible and that kind of hate there's no place for it in our country. there's no place for it anywhere in the world. >> you can't even imagine, right, what the family members here and the tight night community are going through. we are hearing more about those who lost their lives, from 32 years old to 86 years old and some photos on them, all out at a saturday afternoon at the local grocery store running errands, one of the victims hailed as a hero, retired buffalo police officer working security at the store. aaron salter was shot and killed. and deacon heyward patterson also. >> he was a man who loved people. he was -- he loved the community, he loved the church, he loved the community just as much as he loved the church.

you would see anywhere he was, he was encouraging people to be the best they can be. >> the suspect is in custody. he's in solitary confinement, keeping a close eye on it. his parents have not come to visit or tried to get in contact with him. president joe biden and jill biden will be here in buffalo to talk to the community members who have lots of questions. john, jacqui. >> john: thank you. >> jacqui: deadly shooting at a church in southern california. gunman killing one and injuring five before they were able to stop him by hog tying him with an extension cord. jonathan hunt live on the scene for us in laguna woods, california. so, jonathan, what are we learning about the shooting? >> well, we have now got the name of the alleged shooter, he has been identified by law

enforcement investigators here as 68-year-old david chou. he is from las vegas. what we do not yet know or at least have not been told at this point is his motive, also when and why he traveled from las vegas to this church here in orange county south of los angeles. what we do know from investigators is this. there was a lunch being held for members of a taiwanese church that uses this facility. the gunman opened fire during that lunch as he was reloading as we understand it, some of the congregants managed to tackle him. they threw a chair at him, they then got ahold of him, were able to hog tie him with an electrical cord and remove the two handguns that he was holding. listen here to the deputy under sheriff talking about the actions of those congregants. listen. >> that group of church goers displayed exceptional heroism

and bravery in intervening to stop the suspect. they undoubtedly prevented additional injuries and fatalities. >> at this point we have not been told anything about the man who was killed. we have been told something about the five who were injured. according to the sheriff here, they were all asian and all elderly. aged between 66 and 92. the shooter, by the way, has also been described by law enforcement as being asian. he is expected to make his first court appearance tomorrow. in a couple of hours we are due to get another briefing from the sheriff's department here in orange county. we may finally learn more about the motive of the shooter at that point, jacqui. >> jacqui: incredible bravery from the church goers. john. >> john: back to the buffalo shooting, bring in erie county

sheriff john garcia. thank you for being with us. put on screen the startling statistic. according to the gun violence archive, mass shootings in 2022, number 202. this is both premeditated mass shootings, as well as gang violence in which multiple people were injured. but sheriff, there's just an unbelievable amount of violence that's taking place on american streets. what's happening in this country? >> you know, when i hear that number, it's numbing. and when i see it in person like i saw saturday it's horrific. the damage that a round from an assault rifle could do to a human body and i pray for the victims, i pray for their families, and also i pray for the officers that responded because that's a lot of trauma. >> john: unbelievable amount of

trauma. violence was imported from further southeast in new york state but the shooter involved in this incident was flagged after he made threats to his high school in june of last year. he had a mental evaluation, but was released. new york did not abbing at this vit its red flag law and take away guns or prevent him from getting guns. was a ball dropped by officials in the state here? >> well, that's a question we have to find out. it's too early in the investigation but he was, you know, when he was at high school in conklin his post graduation project was murder and suicide. so the state police did respond. he was taken to a facility, i'm not sure if it was a mental health facility, but he spent a day and a half there, and often that goes to show the lack of resources that not only new york state has but the entire nation

has for mental health facilities. and then the fact that he was put on a mix list, the gun dealer lawfully sold the firearm to this gentleman and he slipped through the cracks. and i could understand the anger from family members because, you know, that's unacceptable. >> sheriff, it seems this keeps happening, this guy was a ticking time bomb. he plotted this murderous rampage for months and it's very reminiscent of what happened in charleston, south carolina not too long ago when dylann roof went in and shot a number of black people dead in the a.m.e. church there. and dylann roof had red flags as well that went unacted on. how do these people keep slipping through the cracks? >> again, we have to get better and we keep on saying it, but

those numbers are staggering that you mentioned. that's only 2022. so, not only do we have to get better, we have to do it immediately, and this individual left his house and came to buffalo from three and a half hours away, he did a recon of the area, he chose this area because the majority of the shoppers here are african american. his intention and only intention was to kill as many african americans as possible. if the police officers from buffalo police had responded were black, would he have shot them. i say yes. so this is a person spewing a lot of hate, pure evil, and mental health issue. the people that he thought as heros, the gentleman whose name i will not mention from south carolina and the other man from

new zealand. we are referring to the shooter from saturday here as inmate control number 157103, i will not say his name, he does not deserve a platform. he's in our custody at the erie county sheriff's center and treated like every other incarcerated individual we have humanely and with care and respect. he's in a unit all by himself as a protective measure, because of his suicidal tendencies, he's in a suicide smock which is ligerature proof, and appearing in court on thursday. >> john: we are with you on that, not publishing his name either. but one that should be named is aaron salter, the former buffalo police officer, security guard.

he engaged the suspect, got off shots, hit him at least once. the suspect was wearing body armor and the hit was ineffective. did you know officer aaron salt error what do we know -- salter or what do we know about him? >> i know him very well, deserved in the buffalo system 25 years, we were contemporaries in the buffalo police department. when you talk about somebody like aaron salter, this is a person we have to talk about as being a hero. he confronted this individual. aaron salter was working there part-time, making a couple extra bucks and he stopped this individual from going further into the store and just delaying it. his shots were right on target, but this individual had a plate within his bulletproof vest that

stopped the rounds. i'll tell you, aaron salter, great guy. you are not going to find one person to say anything negative about him. always with a smile. just tremendous. >> john: god bless aaron salter and his family. >> god bless him. >> john: erie county sheriff john garcia, thank you for joining us. good luck with your investigation. >> appreciate that, thank you, sir. >> john: such an unbelievable tragedy and what drives me crazy if i can add a personal opinion here, him, frank james, dylann roof, other people, red flags all over the place, nothing. >> jacqui: nothing. it does not bring consolation to the families who lost the loved ones, president recognized medals of honor and offered kind words but you have to feel for his family. no words will bring him back. >> john: i can't imagine. incredible bravery he displayed. >> jacqui: 82 days in, and

putin's invasion of ukraine seems to be losing momentum. several hundred americans are among those on the front lines fighting for the ukrainians. our own greg palkot spoke to one about the ongoing struggle to win the war. >> john: the nationwide baby formula shortage carries into yet another week. why doesn't the white house have solutions to end the crisis? kathy mcmorris rogers is demanding answers. she'll be here coming up next. >> this is another in a long list of examples in the biden economy of products that people either can't get or paying a lot more for. life... doesn't stop for diabetes. be ready for every moment, with glucerna. it's the number one doctor recommended brand that is scientifically designed to help manage your blood sugar. live every moment. glucerna. see him? he's not checkin' the stats. he's finding some investment ideas with merrill.

eyes on the ball baby. digital tools so impressive, you just can't stop. what would you like the power to do?

motrin works fast to stop pain where it starts. like those nagging headaches. uncomfortable period pains. and disruptive muscle aches. you can count on fast, effective relief with motrin. if you're a veteran homeowner and need you can count on fast, money for your family, call newday usa. as a veteran, you've earned the powerful va home loan benefit that lets you refinance up to 100% of your home's value. and with home values rising, that can mean a lot more money for you and your family. a newday va home loan lets you refinance your home to pay credit card debt or just put money in the bank. it even lowers your paymentsby over $600 a month. we all know some of life's most important financial decisions are made right here at the kitchen table. so if you're a veteran and need cash, calling newday usa could be one of the best decisions you'll ever make.

this? this is supersonic wifi from xfinity. it's fast. like, ready-for- major-gig-speeds fast. like riding-a-cheetah fast. isn't that right, girl? whoa! it can connect hundreds of devices at once. [ in unison ] that's powerful. couldn't have said it better myself. and with three times the bandwidth, the gaming never has to end. slaying is our business. and business is good. unbeatable internet from xfinity. made to do anything so you can do anything. xfinity mobile runs on america's most reliable 5g network, but for up to half the price of verizon, so you have more money for more stuff. this phone? fewer groceries. this phone? more groceries!

this phone? fewer concert tickets. this phone? more concert tickets. and not just for my shows. get $400 off an eligible samsung device with xfinity mobile. take the savings challenge at xfinitymobile.com/mysavings or visit your xfinity store and talk to our switch squad today. >> john: the white house pointing fingers at manufacturers for the baby

formula shortage, but who is really to blame? speak with republican congresswoman and ranking member cathy mcmorris rodgers just ahead. but first, fox news alert, new british intelligence reporting vladimir putin is losing momentum as ukraine puts up a fierce fight against russian forces. prompting zelenskyy to say the country is starting to see a potential avenue to victory. meanwhile, several hundred americans and volunteers from other countries have joined in ukraine's fight for survival. greg palkot is live in kyiv. you spent some time with an american fighting there. what's his story? >> amazing stuff, john. as we track some important gains by the ukrainian military in the northeast of this country and the east, yes, they are being held in part at least by foreign fighters, and yes, those include american. remember, president biden said absolutely no american military

boots on the ground but he was less clear about american voluntary military boots. take a look. >> his name is paul gray, born in tyler, texas. graduate of the university of texas. now he's on the front line in the war in ukraine. >> never before have i seen such a clear-cut case of like good versus evil. >> he served two tours of duty in iraq with the 101st airborne division. >> training sets him out from his russian foes. >> i learned the difference between spotting who is a warrior and combatant and a civilian. >> gray was living in the ukraine when the invasion began. he and other americans and foreigners signed up. >> moral obligation and duty to stand up and help repel the invasion. >> grateful for military aid the u.s. has supplied, including the anti-tank javelin. >> we just shot a tank,

confirmed kill. >> russian artillery blast left an american friend severely hurt and gray recovering from leg injuries. and reflects on thousands who have lost their lives. >> it's inhumane what they do, artillery tactics. >> one strange thing, a hot war against the russian, others like his father only thought about during decades of cold war. >> something that they were focussed on and thinking about. >> john, paul gray told us once he gets healed up and hopes it will be a couple weeks, he's going to be back in the fight. and who knows, the way things are going, might even be on the winning side. back to you. >> john: the commitment by so many people to fight against russia is extraordinary. greg palkot, thank you. >> amazing. >> it's absolutely crazy because it's not on the shelf anywhere. i have to get it shipped in from family members. >> it's just scary we have to go to that point.

>> it's not anything that i ever thought i would have to worry about. >> it truly is just sheer panic. you just don't know what to do. >> it's crazy. let's all work together. these are babies. you know, they got to eat. >> parents and politicians are slamming the biden administration response to the baby formula shortage. our next guest is demanding answers from the white house and the f.d.a. calling on them to take action. cathy mcmorris rodgers is joining us now, thank you so much for being here. we had this timeline that really begs the question should there have been more action sooner? the whistleblower reported concerns in october, didn't interview them at the f.d.a. until december, plant closed i think january/february and now it's may, we have the recall. >> absolutely. this is devastating. it's a matter of life and death. frustrating for moms across the

country when you go to the grocery store and the shelves are barren. it is a desperate situation and then to think you might have to drive somewhere with record high gas prices is just contributing to the crisis that americans are facing. i was at the grocery store over the weekend and i checked for baby formula. the shelf was bare. it was really shocking to see that. so, we have been -- we have been demanding the alarm, sounding the alarm for months for the f.d.a. to figure out what is going on. why do we -- why are we facing a baby formula shortage, and seems to be a combination of factors, why is the f.d.a. not taking action. why isn't the f.d.a. figuring out where we could manufacture more in the united states of america. we have suppliers ready to step up or import safely from other countries but yet today americans are facing empty shelves. >> john: you and 105 of your other republican colleagues sent

a letter to the white house, life and death, said it is a matter of life and death and treats it like it is. jot gottlieb said the administration should have seen it coming from a mile away. >> f.d.a. did not exert all the oversight. agency had a 34-page whistleblower report in hand, data falsification and information withheld from inspectors. so these should have prompted more aggressive action earlier. >> two big questions. why didn't the f.d.a. act on this and work with abbott prior to the february 17th notification they should recall this baby formula, and b, if the f.d.a. knew this was going to lead to the shut down of the manufacturer of 40% of the baby formula in this country, why wasn't there a contingency plan in place? >> it is like a black box at the f.d.a. f.d.a. has been silent so far

and those are the very questions that we are asking that we have been sounding the alarm for months that why has this happened, how long is it going to take, and what is the plan. now, we are going to have a hearing next week, finally in front of the energy and commerce committee to get to some of these questions. administration has been turning a blind eye to families in desperate need for formula. this is, as i said, this is a matter of life and death, and yet the f.d.a. are hiding behind covid and saying oh, yeah, you know, we didn't have the people in place. well, get the people back to work. >> jacqui: seems the president is not suggesting there is going to be a review of the timeline at the f.d. a, said something incredible about whether it could have been prevented. >> if we had been better mind readers we could have but we moved as quickly as the problem became apparent to us. >> this is where congress must do the oversight. we must do our jobs as the

elected representatives of the people to get these answers as to why did this happen, and why has it taken so long and what is going to be the plan from the f.d.a. they are the ones that make sure the formula is safe. but clearly they shut down a plant but have not answered the question as to what happened and how are we going to make sure we have formula for families in america. >> john: it seems there is a lot the administration could have done had they considered that oh, by the way, we'll take out 40% of the supply of baby formula in this country. there were trade restrictions across the border from canada, and importation from europe, f.d.a. says well, maybe it's not up to our standards. apparently, baby formula in europe is better than what we have here. >> f.d.a. has dropped the ball and we must get some answers, yes. we want to make sure that baby formula is safe, absolutely. we all share that goal. but f.d.a., shutting it down, we

could be importing safe baby formula from other countries. there are manufacturers here in the united states of america that are ready, that would like to have a green light from f.d.a. and it's like a black hole at the f.d.a. >> john: the idea there should have been some contingency plan. you have three big car manufacturers and you are going to take one of them out, you know, you have to get cars from somewhere. >> well, and that goes to a larger issue as to why we find ourselves in this situation, why aren't there more manufacturers, there's been a lot of consolidation in the industry due to the regulations from the f.d.a. in the name of safety. well, f.d.a., you need to do your job and make sure we have supply. >> john: we'll get you back after the hearings. cathy mcmorris rodgers. >> good to be with both of you. >> john: gas prices yet another high. president biden facing mounting

pressure to bring down the cost. issue will not go away any time soon. will he win back american's trust. charles payne next. >> jacqui: and the primary in pennsylvania, three-way horse race, the top contender just had a stroke. what will happen when voters go to the polls tomorrow. >> i work with parents all over pennsylvania and what's most interest to parents are the prices of gas, prices of groceries, the inability to get certain items at the grocery store, and what is happening in our schools. ubrelvy helps u fight migraine attacks. u put it all on the line. u do it all. so u bring ubrelvy. it can quickly stop migraine in its tracks within 2 hours... without worrying if it's too late or where you are. unlike older medicines, ubrelvy is a pill that directly blocks a protein believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. migraine pain relief starts with u.

learn how abbvie can help you save. ask about ubrelvy, the anytime, anywhere migraine medicine. this is the tempur-pedic® breeze° and its mission is to make sleep... feel cool. so, no more night sweats... ...no more nocturnal baking... ...or polar ice cap air-conditioner mode. because the tempur-pedic® breeze° delivers superior cooling... from cover to core. helping you sleep cool, all night long. for a limited time, save up to $500 on select adjustable mattress sets, and experience the deep, undisturbed rest of tempur-pedic®. learn more at tempurpedic.com. you're a one-man stitchwork master. but your staffing plan needs to go up a size. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire

♪ ♪ ♪i'm so defensive,♪ ♪i got bongos thumping in my chest♪ ♪and something tells me they don't beat me♪ ♪ ♪ ♪he'd better not take the ring from me.♪ >> tech: when you have auto glass damage, trust safelite. this dad and daughter were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: ...so he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks.

>> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ veterans. if you own your home, congratulations— home values and home equity are going up and up. thousands of veterans are turning their equity into an average of $60,000 with the newday 100 loan. it lets you borrow all of your home's value so you can get at least 25% more cash than you get at a bank. rates are still near record lows, but are starting to climb. call newday right now. >> john: one day until the pennsylvania senate primary, right now it's anybody's guess who has the upper hand. live to the keystone state in just moments. but first, pain at the pump worse. gas prices setting a new record high, 4.48 a gallon.

and despite democrat's best attempt to focus on other issues, now polling shows high prices are at the top of voter's minds. bring in charles pane, the host of making money on fox business. thanks for being with us. it's a really busy day today. put it up on the screen so people at home can see this increase here. this is how gas prices has been ticking up. 4.48, yesterday was 4.47, last week 4.32. a month ago, 4.07, last year, 3.04. where is it headed? doesn't look like there is a top to this. >>

>> has generally refused to directly criticize barnett. although she says that the candy can cost republicans the senate seat in an otherwise bearable year for the party. >> they don't have information and make a bad choice. it's would have terrible terrible consequences. for the general election. >> campaigns in super pac supporting mccormick have already spent millions of dollars on this race. former president trump is

backing, notices of a public and held c. senator pat toomey is retiring here. republicans are going to have to work hard to hold onto the seat. if they want to flip the senate. they only to pick up one seat to do so. back to you jackie. >> a lot of drama and things happening in the last few days >> help with the weather with better for the primary. amber heard back on the stand today. her ex-husband johnny depp's how or who claims hold up and asked cost asked cost emanation question marks because we are awaiting a ruling on whether the biden administration that's a week from today. could we begin to wait for a bit bigger disaster the border? brandon judge will weigh in. >> they were so frustrated this a administration, because they don't care about the safety and security of american citizens. all they care about is pandering to the far left base.

grow up gr. and now, we're providing billions of dollars for affordable home lending programs... as part of 88 billion to support underserved communities... including loans for small businesses in low and moderate income areas. so everyone has a chance to move forward financially. pnc bank: see how we can make a difference for you. you never know what opportunities life will send your way. but if you have moderate to severe rheumatoid arthritis or psoriatic arthritis, enbrel can help you say i'm in for what's next. ready to create a bigger world? -i'm in. ready to earn that “world's greatest dad” mug? -i'm in. care to play a bigger role in this community? -i'm in. enbrel helps relieve joint pain, helps stop permanent joint damage, and helps skin get clearer in psoriatic arthritis. with less pain, you're free to join in. enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections,

tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common or if you're prone to infections, have cuts or sores, have hepatitis b, have been treated for heart failure or if you have persistent fever, bruising, bleeding, or paleness. don't start enbrel if you have an infection like the flu. when opportunities come your way, be ready to say i'm in for what's next. ask your doctor about enbrel.

>> john: is the $50 million defamation station trial between johnny depp and ex-wife amber heard resume moving today. hurt his back on the stand was he's expected to face johnny depp's legal team. life in washington with more of. what can we expect from today? >> amber heard has been testifying today. for just over four and a half hours. some of it very dramatic. she does address johnny depp's infamous accusation where he she said fecal matter was left in the bed. take a listen. >> i had just been attacked. on my 30th birthday. by my violent husband. with whom i was desperately in love, and who i needed to leave. that was not really a jovial time. and i don't think that's funny, period.

>> spent a lot of time talking about addressing johnny depp's the accusations of physical assault. >> johnny hill me down the counter top and leg, arms or the class. in that attack. these are the scars i obtain while johnny was straining me. on the red carpet i was promoting the magic mike movie i was in. you can see the scars on my body. on my arms. her lawyer also asked her about this. >> what is this a picture of? >> this is my face after johnny threw a phone at it. >> amber heard's pr team is saying her rights and all women's constitutional rights are on trial here. they say the overwhelming evidence and truth is not on johnny depp's side. the one thing that they will try to avoid is the central issue of this trial. does amber or everywoman have the first minute right of

freedom of speech. the charter was to me today after a week long hiatus. someone from the inside of johnny depp's inner circle. said that he is in a good headspace. today amber heard's can contribute in confusion in her earlier testimony of the timeline of johnny depp's physical abuse to being in love. >> i would've liked to believed that the period of time in which i had to fall in love with johnny when we fell in love and he was sober and he wasn't violent to me lasted for a lot longer than it did. but i had allowed myself i guess, to forget. >> in the news they call that in the fog of war. what we are expected to hear for the rest the day-to-day is more my new show, more detail about what we now know became the very public divorce. >> john: looking forward to all that. julie and thank you that. >> sandra: john, an incredible turn of events. our ukrainian or ukrainian

forces turning the tide against russia? in a key part of the country? key analyst rebecca brandt on that. >> john: former clinton campaign attorney now on top trial accused of lying to the fbi. will the investigation succeed where congressional probe failed? trey gowdy ways in coming up next. >> this is a democratic lawyer who misrepresented to the fbi. who he was representing, and gave them phony claims of more russian collusion. a part of the broader russian collusion hoax. eks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. you're probably thinking that these two are in some sort of lover's quarrel. no, no, no. they're both invested... in green energy. and also each other. digital tools so impressive, you just can't stop.

what would you like the power to do?

i'm dan o'dowd and i approved this message. you just can't stop. tesla's full self- driving technology. the washington post reported on "owners of teslas fighting for control..." "i'm trying..." watch this tesla "slam into a bike lane bollard..." "oh [bleeped f***]" this one "fails to stop for a pedestrian in a crosswalk."

"experts see deep flaws." "that was the worst thing i've ever seen in my life." to stop tesla's full self-driving software... vote dan o'dowd for u.s. senate.

. >> the year's long investigation into the origins of the trump/russia probe is in a courtroom. special counsel john durham moves forward with the first case to reach a jury. the host of "sunday night in america," also a former federal prosecutor and member of congress. thank you for being with us. you know, i want to ask you specifically because of your expertise, how hard is it going to be to prove this case because you have this issue of the context of the lie, the idea that hillary clinton, her campaign concocted the scenario, pedalled it to the media, try to get the fbi to investigate and it was so serious because the

fbi was investigating, but the charge is pretty narrow. >> yeah, they have to prove materialility, and the fbi itself is on trial here. i don't know about you, but i can't get a meeting with the general counsel for the fbi or a line agent in topeka, kansas. how in the world did clinton's lawyer get a meeting with the top lawyer at the fbi and does he not have internet access? all he had to do was do a google search and find out he's a concerned citizen but representing the d.n.c. for a long time. i mean, the fbi looks terrible here, and my suspicion is they got duped. >> the other question is how much evidence will durham be allowed to present in court. the judge seems to be allowing that sussmann met with others connected to the campaign, he might have a little bit of leeway there, but the tweets

have not been allowed in, saying he's not directly involved, so how much of a direct participant was sussmann in that scheme. i also want to play for you what they said about documents. >> these are documents they clearly hid from congress. what we know today from durham, if i was still there, we would have more criminal referrals

oh, hey. buying a car from vroom is so easy, all you need is a phone and a finger. just go to vroom.com, scroll through thousands of cars. then, tap to buy. that's it. no sales speak. no wasted time. just, straight up great cars. right from your phone to your driveway. go to vroom.com and pick your favorite. wooo. oh yeah, she digs it. buy your car on vroom.com vroom. get in.

we need to reduce plastic waste in the environment. that's why at america's beverage companies,

our bottles are made to be re-made. not all plastic is the same. we're carefully designing our bottles to be 100% recyclable, including the caps. they're collected and separated from other plastics, so they can be turned back into material that we use to make new bottles. that completes the circle and reduces plastic waste. please help us get every bottle back. ♪♪ my relationship with my credit cards wasn't good. i got into debt in college and, no matter how much i paid, it followed me everywhere. between the high interest, the fees... i felt trapped. debt, debt, debt. so i broke up with my credit card debt and consolidated it into a low-rate personal loan from sofi. i finally feel like a grown-up. break up with bad credit card debt. get a personal loan with no fees, low fixed rates, and borrow up to $100k. go to sofi.com to view your rate. sofi. get your money right. ♪♪ looking to get back in your type 2 diabetes zone?

once-weekly ozempic® can help. ♪ oh, oh, oh, ozempic®! ♪ ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems.

looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. >> john: a fox news alert, investigators and buffalo say they have the who and the why. but there is now a frantic effort and it's the biggest question, how did some with so many red flags slip through police. they can get mass murder. look back as nick reports. could be with you again.

>> the suspect is not a stranger. yet, investigators say 18-year-old peyton shot and killed ten people and injured three. in what police say, is an act of pure evil. >> john: means i'm since friday 53 americans have been the victims of mass shootings. yes, i said since friday. most surviving being shot, but forcing people did die. not sure in the cougar, it's a nonstop list of cities morning and lives lost. more than 200 mass shootings so far in 2022. only four and half months into the year. that's about ten a week. these statistics coming from the gun violence archive online. which describes itself as an independent researcher with no political leanings. so many mass shootings they can all make mass news. >> on the warning signs that were missed.

she's live in buffalo. alexis, what are you hearing now? >> jackie we are going to get information about the ongoing and very active investigation coming up here in the next few hours. we did talk one talk one-on-one with a short time ago who's been part of this investigation. he tells me it's going to be some new inputs information coming out. he said it was very clear that this massacre is not going to stop here. they believe that the teenager wanted to drive around this black neighborhood and shoot as many people as possible. take a look here this is that scene video on a be a full saturday afternoon in buffalo, new york. people coming in and out of the grocery store. there in that video. you'll see that the fbi was on scene, and state and local authorities too. they were taking pictures the scene to try to mark bolt holes that were left in the building. this gunman made open fire in

the parking lot first and then met when inside the store, and killing ten people and injuring three others. please now say the gunman's rampage's going to continue on. take a look here also. this is the mug shot of that teenager. they said he would continue she knew people the neighborhood. choosing this location because of the largest black population in buffalo. we're learning more about the victim. there is a lot of people in this community that were affected. the families of those people who lost those loved ones are going through much right now. and the related try to come together. to learn more about this people who are no longer with us. bt what are you hearing about this victim so far? >> we got the information in overnight, jackie does names of the people who were shot and killed. with all these people's photos that were able to gather with people in the community, including their family, their age, 86-year-olds.

i'll hear this saturday afternoon at the local store. one of the kings being hailed a hero's are tired buffalo police officer. he is working security at the grocery store. also as the he was killed but trying to stop the gunman. we also know but 67-year-old deacon he was gunned down while he was trying to throw some groceries into his car out here. they tell us that he always came to this grocery store to try to give people a ride to and from because it's a food desert here in this black community in east buffalo. this is the only grocery store that they have. if you walk around here like we have over the past couple days, is not so much out here in terms of fresh food. they really depended on this grocery store. they are expected to open soon, but it all the timeline on that. >> jackie: thank you so much. you know jon, it's really astounding that new york is ruling up all the mass shootings just in the year, that not all of them can make news. that in itself is significant. that we have so many, that they

don't all make news. >> john: it's crazy. that list doesn't include gang shootings as well. but doesn't include people dead. so much. if we can put back up on the screen for a second, at the compilation shot of all the people who were killed. at the tops market. she was killed of the tops after going to mix with the husband she is her primary caregiver she was shot on her way up to pick a few things from the husband is even you know she died yet my >> their family has a story

>> john: jonathan and hindsight versus cover these cases same thing with bill and ruth. in charleston. posted there all these red flags. this guy had the red flags at the wazir. new york has a web red flag law. it wasn't activated and that. it wasn't taken away it was imperative for getting a gun. how does he falter with the crack like that? >> it is gut wrenching when you look at the cost. of failing to use these laws. you are actually correct. there were a number of red flags that were raised with this individual. this law works most effective with an institutionalized individual. that's when you have a regular recording of that individual's

name. when someone is not an institutionalized, for a significant period. they can fall with the cracks. it depends on family, it depends on acquaintances. raising the alarm. it is often very hard. it is hard because people are reluctant to escalate the situation. also hard, because mf the shooters, tend to be isolated individuals. they sit alone in steel in their hate. this is a racist who sat around for months stewing in that hate of his. for african-americans, for others in our society. it is not uncommon to have these individual surface. and commit these acts. what is worrisome here, is that you have a state with a red flag law, and there were some appearances, some occurrences. that could have been used to activate that law.

but it has to go to a judge. that has to issue an opinion or an order. that requires somebody to pick up >> we mentioned to lynn roof as well. let me put up this graphic of some headlines over the years. in indianapolis, shooting, red flag that never flew. he wrote "kill all women" but a judge returned to his guns. colorado shooting reveals limits and state gun control. san jose shooting, evading the tough gun laws. incident after incident, jonathan. people somehow, i gun, fell through the cracks, evaded state laws. people failed to report. in the meantime, people are dying. >> what is interesting, john, is that these laws generally do pass constitutional muster. there is a second amendment case before the supreme court

currently. many of us expect that the court is going to strengthen second amendment gun rights and that opinion. but these are the types of laws that there is general support for. they can live, they can coexist with second amendment rights, because they focus on the individual as opposed to laws that focus on the weapon like trying to ban air fifteens or restrict who can get them. so this is an area where people can come together and make a real difference. the people we need to focus on are that terrible small number of individuals that are completely captured by their hate or their mental illness, or both. and it requires people of good faith to step forward. and not just to protect society. to protect their own families, to protect their neighborhoods. even to protect a shooter that is mentally unfit to have a weapon.

>> fox news in a recent poll asked that question, let's put it up on the screen or at fox news poll, which is more likely to decrease gun violence? tougher gun crime penalties, 54%. tougher gun restrictions, 33%. we have at the same time a duality of problems here. we've got liberal prosecutors who are downgrading gun crimes. and robbery one day could learn to a mass shooting. and then at the same time, instead of gun control, what about controlling people who were mentally unstable? and allowing them to do firearms. let them have a firearm. >> we have millions and millions of lawful gun owners in this country. and we don't have a high percentage of those individuals committing crimes, certainly not

massacres. so we are looking at a very it, thankfully, small group of unbalanced individuals. but the focus on the weapons themselves in many ways is misleading. and you have politicians that say, we have got to control gun crime. i'm going to start banning guns again. those have been struck down in a court, and they are not going to meaningfully reduce gun crimes. you have to focus on those people who are committing these offenses. that includes the mentally unstable, but also recidivists, habitual defenders who use this weapon. here is where you can make a serious dent in gun crimes. jonathan, great to get your expertise, thank you for joining us today. >> thanks, john. >> there are laws in the books. and they were supposed to be facilities. to handle people who are mentally ill. i think large authorities hands

are tied. and yet somehow, these red flags are not showing up when somebody goes in for a background check and make it a weapon. the next thing you know, ten people are dead. mental health needs are woefully neglected as it is. you also have the administration focusing a lot of their efforts to address gun crimes on things like ghost guns and not touching these federal prosecutors -- they don't want to get anywhere near that discussion. and you jonathan talking about thought and that is really where the conversation needs to go. >> again, as i said with jonathan, if somebody goes into a convenience store with a gun, brandishes it, but doesn't threaten anybody, it's downgraded to a misdemeanor beard what if something goes wrong? there has to be consequences for using a gun and a crime. there just has to has to be. >> we see the consequences and they are painful.

>> no question. >> we've heard stories from others who are down to their last canisters of baby formula and they are struggling to make it through this nationwide shortage. >> but today, where it's coming they may have to make it all the way to christmas or beyond before the formula crisis is fixed. say what? stay with us. >> this is devastating. it's frustrating for moms all across the country when you go to the grocery store and the shelves are barren. it is a desperate situation. to think you might have to drive somewhere with regard high gas prices. see him? he's not checkin' the stats. he's finding some investment ideas with merrill. eyes on the ball baby. digital tools so impressive, you just can't stop. what would you like the power to do? ♪♪ you inspired the lexus es to be, well... more you. so thank you. we hope you like your work.

♪♪ your spirit is stronger than your highs and lows. your creativity can outshine any bad day. because you are greater than your bipolar i, and you can help take control of your symptoms - and ask about vraylar. some medicines only treat the lows or highs. once-daily vraylar is proven to treat depressive, acute manic, and mixed episodes of bipolar i in adults. full-spectrum relief for all bipolar i symptoms. elderly dementia patients have increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high cholesterol and weight gain, and high blood sugar, which can lead to coma or death, may occur. movement dysfunction and restlessness are common side effects. sleepiness and stomach issues are also common. side effects may not appear for several weeks. you are greater than your bipolar i.

ask about vraylar and learn how abbvie could help you save.

veteran homeowners, this is the best time in history ask about vraylar to turn your home equity into cash. because home values have climbed to all time highs. and so has your equity. turn it into cash now. the newday 100 va cash out loan lets you borrow up to 100% of your home's value. you could take out more than $60,000. use it to improve your home. pay off high rate debt. pay for big expenses. or put it in the bank for real peace of mind. turn your equity into cash with the newday100 va cash out loan call now.

municipal bonds don't usually get the media coverage the stock market does. in fact, most people don't find them all that exciting. but, if you're looking for the potential for consistent income that's federally tax-free, now is an excellent time to consider municipal bonds from hennion & walsh. if you have at least 10,000 dollars to invest, call and talk with one of our bond specialists at 1-800-217-3217. we'll send you our exclusive bond guide, free. with details about how bonds can be an important part of your portfolio. hennion & walsh has specialized in fixed income and growth solutions for 30 years, and offers high-quality municipal bonds from across the country. they provide the potential for regular income...are federally tax-free...

and have historically low risk. call today to request your free bond guide. 1-800-217-3217. that's 1-800-217-3217 >> john: the biden white house blaming the national shortage of baby formula on the company that makes it. for their part, executives at

abbott warn it could last to the end of the year. peter doocy is live at the white house. what's the white house saying today? >> peter: the white house is saying in a new statement they are on it. here is part of what it says. since the president's calls on thursdays to manufacturers and retailers, the white house has been in close communication to follow up on those conversations. they go on to say we are also contacting suppliers to infant formula manufacturers to inform them that their materials are critical for boosting infant formula production and encouraging them to prioritize their production and delivery. so a lot of contacting and a lot of encouraging. abbott seen on the screen right here, the largest formula maker in the you state, the michigan factory is shut down, even though they insist their formula is not connected to the infant deaths in the country. it started in february, now republicans want to know why the hold-up.

>> they didn't catch it on day one and typical in this administration, they want to blame somebody else. blaming abbott and the other manufacturers. but the f.d.a. should have known about this. they should have reacted a lot sooner. >> peter: speaker of the house is suggesting the white house do more by invoking the defense production act to make formula. >> so we have been talking and >> bring in jackie deangeles. in the last briefing on friday, i asked her three times, running the risk of sounding redundant, how long are parents going to

have to plan around this. you would think they would have some information. and now the manufacturers are giving us a clue and seems like no time soon. >> yeah, it makes a lot of sense, actually. you don't just flick a switch at a production facility that's been closed down, jacqui and have your proteins and your formulas made and back on the shelves immediately. so the f.d.a. is saying it feels confident that abbott can get back up and running, can open the facility in two weeks. but how long does it take to actually get the formula on the shelves. that could be much longer, in fact, you have one of the c.e.o.s of the big four in this country saying it may not be up and running completely with respect to the percentages we'll see on the shelves until the end of the year. that's a very long time to wait, and it raises a lot of questions why the white house has been having these conversations in the last couple of weeks when they could have been doing more roughly three months ago. >> yeah. you know, there's also a lot of

significant market consolidation here, i think it's nearly 90% of the market controlled by four or so companies. biden administration and other areas like with meat packing has tried to increase competition but this is sort of begging the question does that need to happen here, should we work to have an emergency supply, something like that. this is, you know, sort of a no end in sight situation. >> it's interesting. when it suits their narrative, they talk about the lack of competition. for example, with big oil or with the meat producers, but here it does not necessarily suit the narrative so they are not focussing on that, which i find ironic. having said that, you are right to say that four big suppliers in this country supply roughly 90% of the formula. the wall street journal a couple days ago put out a brilliant piece that explained what government's role is when pete buttigieg said it's abbott's fault and nobody else's, that is not true. actually, when you look at baby formula, according to the department of agriculture, 57 to 68% of the formula is bought

with a voucher. the vouchers that the government gives on its special supplemental nutrition program essentially for welfare recipients. so what happens in the states, these companies will bid on these contracts, one company will get the contract for the state, they will be the premier supplier on the shelves and only buy baby formula for that company. and so the government plays a very big role here with respect to the purchases made. second point to how the government is sort of complicit in all of this is the photograph that we have shown the pallets of baby formula going to the border. i'm not saying any baby in this country shouldn't be fed, but it does shine a light on our immigration policies at the border are letting illegal migrants in and essentially having to feed those children ahead of babies across america that are here legally. >> jacqui: and the white house took some questions on that last

week and cited the flores settlement, the responsibility to feed babies across the border. it does make you wonder. they have announced steps they are taking on like wic you mentioned, they could have done that month ramping up imports, we are supposed to hear first steps from the f.d.a. early this week, i have not heard any yet and does not sound like they will be using the defense production act, it's difficult, because formula is so specialized, they cannot flip a switch and make a company that does not ordinarily manufacture it do it right away. >> these are things we should have been thinking about as we planned better especially as we have a supply chain crisis that has been, you know, more than a year old, right. and continues to go well into the second year. and so these are conversations that should have been had long ago. the other thing that the government could have done, the white house could have done, it could have lifted 17.5% tariff so we can get more baby formula. i'm not saying bring it from

china but could get more from europe, for example, as a producer there. and then of course you know, it comes down to the f.d.a., and their role in this as well. i'm not saying they shouldn't have investigated, but how long is their investigation taking, how speedy are they being, is there red tape that could have been taken as well. >> jacqui: the timeline speaks for itself, whistleblower raising it in october, did not interview until december and the inspection was not until january and the recall was not until february. timeline speaks for itself. thanks so much. >> john: the durham probe finally seeing more action in court today. it's the clinton campaign lawyer on trial accused of lying to the fbi. all centered on accusations he used fake dirt trying to tank then candidate trump's chances. >> jacqui: ukraine taking control of the area around

kharkiv. put in's forces take a serious beating. rebecca grant says it's a whole new war. she'll explain why, next. what do you want to leave behind? that's your why. it's your purpose, and we will work with you every step of the way to achieve it. >> tech: need to get your windshield fixed? asafelite makes it easy.u every step of the way >> tech vo: you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> man: looks great. >> tech: that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

when it comes to preserving our wealth, we never have complete control. not really. we can't control inflation, we can't control government debt, we can't control a declining dollar... i could go on. but buying gold and silver from rosland capital... is a way to help take control. rosland capital - a trusted leader in helping people acquire precious metals.

gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. call rosland capital at 800-630-8900 to receive your free rosland guide to gold, gold & precious metals ira and silver brochures. with rosland, there are no hassles, no gimmicks, and our shipping is fast and reliable. help take control. make gold your new standard. call rosland capital today at 800-630-8900, 800-630-8900. that's 800-630-8900.

>> john: russia's first elected president boris yeltsin welcomed mcdonald's to the country. three decades later, president putin ruined it, moments away after the fox news alert. >> how in the world did clinton's lawyer get a meeting with the top lawyer at the fbi? this guy says he's a concerned citizen but has been representing the d.n.c. for a long time. fbi looks terrible here. >> jacqui: fired up, slamming the fbi for meeting with a former clinton campaign lawyer to talk about the russia investigation into trump. it's that conversation that led

to the trial starting today after the feds say clinton's lawyer lied to the fbi about spreading dirt on then candidate trump. david spunt has more on this. >> as president donald trtrump insisted there was a choreographed effort to ruin his presidency by claiming that he was in cahoots with russia. denied it constantly, there was never any forceful evidence to show so. media companies continued to run the headlines. now this week in federal court we are getting to the origins of that trump-russia narrative, specifically special counsel john durham, we saw him going into federal court in washington, d.c., he began looking into the origins of the three years ago, he's charged three people, this is the first trial part of the probe. michael sussmann is a former clinton campaign attorney, charged with one count of making a false statement to the fbi, that's him getting out of the

car right there. sussmann, two months before the 2016 election called a man named james baker, happened to be the head counsel at the fbi. sussmann told baker he had some information that linked the trump campaign to russia via a russian bank. that information never panned out. according to the government, sussmann said he wanted to bring it not on behalf of the client but a concerned citizen. sussmann billed the hillary clinton campaign. jury selection began a little bit after 9:00 this morning. both sides are hoping to get this done today so they can begin opening arguments first thing tomorrow. >> there's a lot of people in washington what were quite inclined to believe trump was a russian operative, so jury selection is going to be very important and he's going to have a tough time getting over the hump with the jury, even though the evidence may be strong. >> is this a political dirty

trick or sinister, did sussmann do something illegal. the trial is expected to last this week and next week. >> jacqui: thanks, david. >> john: the war in ukraine, more than 30 years after the first russian mcdonald's was cheered as a symbol of global peace, the fast food chain says it's all over. a lot of western companies have closed shop in russia because of vladimir putin's war with ukraine. with the hope of reopening once the fighting is over. mcdonald's moved to permanently leave russia could signal something much bigger. that even after the war perhaps after putin is gone, the scars that he has created could still be in place. might even be permanent. loss of mcdonald's in russia is lost on putin, the state of his army on the battlefield isn't. with me is rebecca grant, national security and military analyst and fox news contributor. i want to talk about something that happened late last week, we have not had a chance to bauk about it here on "america

reports," a battle that happened somewhere, we are not sure, but somewhere in this area crossing the donetsk river, ukrainian military got weird the russians were amassing on this side of the river, and were about to cross it using pontoon bridges. guess what, let's go blow the crap out of it and they did. take a look at this. these are t72 tanks that have have been lollipoped or blown off. what kind of blow is this to russia? >> well, ukraine did a tremendous job here, and i am so impressed with these tactics because, john, they watched the russians put the pontoon across, watched the first tanks and vehicles roll and then they unleashed an artillery barrage that used little cluster munition, on a par what our

forces could do in afghanistan and iraq and will freak out the russians. >> john: it's pretty remarkable. some counts upwards of 80 armored vehicles, tanks, other vehicles were destroyed in this. there are the pontoon bridges here that you can see that were just destroyed, trying to put those across the river. they rolled some tanks across, they sunk the pontoon bridges, and armor here in the water. >> and look at all the mud. i like how ukraine was smart enough to see this coming and plan it out to reap the maximum destruction on this russian batallion tactical group. remnants of the unit will not want to make an attack like this again. in vehicles and moving as a group they are vulnerable and now they know it. >> not just this batallion, are they going to want to move anywhere, knowing that the ukrainians have got intelligence on them and they have a bead on them as well. >> oh, it's a message because ukraine can track them with

u.a.v.s and then use artillery like the ones from the u.s. and nato to use precise strikes. that means the russian false forces are vulnerable any time they try to move. >> bigger map here, the area this was happening was in this area here in a line from izyum to donetsk. russia has still not taken mariupol or west of mykolaiv, they have basically pushed the russians out. >> retreat of russia from kharkiv is important, they are doing it because they are losing and they want to put more troops down here. but this is made zelenskyy said hey, we can win this war. so, it is a whole new war now as

long as ukraine can keep these jaws from clamping shut here, then they have the chance to go on the counter offensive, clear the russians out here and start thinking strategically about maybe attacking russian bases in crimea. >> john: part of the problem, though, with that, ukraine is apparently beginning to run out of some weapons that have been so effective like the turkish drones. >> right, the drones, but we have also given them drones to help augment that. switch blade, phantom ghosts, and others from european partners, they really proved that at the bridge. >> john: huge miscalculation by vladimir putin trying to take the whole country at once, fell on its face. the other part of the equation blowing up in his face, you've got finland first, and now sweden saying you know what, we are going to become a part of nato and here is vladimir putin who wanted to break up nato,

destabilize the e.u., and instead, finland and sweden are going to join these blue nations in nato and look at this. right now, you've got a border of about 225 miles between nato and russia with latvia and estonia, but when finland joins, that's going to add about 804 more miles of nato border with russia. epic, epic failure on russia's part. >> putin is losing on the northern flank as well. and sweden has not been in a war or alliance since 1814, yes, 1814. shattering important decision for them, historic, hard to do, but they will not trust russia for three generations after this. >> john: so this is gonna be a lasting problem and finland had a good relationship with russia, this is going to throw that out the window. >> finland prides neutrality but they understand what threat is like, they beat them in the 1939

war and right now they want security for their children and their future and that's why they are joining nato. >> john: putin could not have done much worse, could he? >> nope. >> jacqui: elon musk's deal to buy twitter is on hold until the platform fixes a few things. the multi-billion dollar list of grievances coming up. >> john: agents expect a flood of new migrants after president lets the so-called title 42 rule end in a week, unless a judge rules otherwise. and it's a decision that could come down any moment now. national border patrol council president brandon judd is up next. se two are in some sort of lover's quarrel. no, no, no. they're both invested... in green energy. and also each other. digital tools so impressive, you just can't stop. what would you like the power to do?

veteran homeowners. home values are going up and up. you just can't stop. home equity is, too. it's your turn to cash in with a cash out loan from newday usa. the newday 100 loan could get you an average of $60,000. that's at least 25% more cash than you get at a bank or credit union. plus, this loan lowers your payments by an average of $600 a month. call newday right now. out-of-state corporations wrote an online sports betting plan they call "solutions for the homeless". really? the corporations take 90 percent of the profits. and using loopholes they wrote,

they'd take even more. the corporations' own promotional costs, like free bets, taken from the homeless funds. and they'd get a refund on their $100 million license fee, taken from homeless funds, too. these guys didn't write a plan for the homeless. they wrote it for themselves. i'm dan o'dowd and i approved this message. tesla's full self- driving technology. the washington post reported on "owners of teslas fighting for control..." "i'm trying..." watch this tesla "slam into a bike lane bollard..." "oh [bleeped f***]" this one "fails to stop for a pedestrian in a crosswalk." "experts see deep flaws." "that was the worst thing i've ever seen in my life." to stop tesla's full self-driving software... vote dan o'dowd for u.s. senate. getting guns off our streets. one democrat's determined to get it done. attorney general rob bonta knows safer streets start with smarter gun control.

and bonta says we must ban assault weapons. but eric early, a trump republican who goes too far defending the nra and would loosen laws on ammunition and gun sales. because for him, protecting the second amendment is everything. eric early. too extreme, too conservative for california. >> a judge asks decision could come down any time now on the border policy known as title 42, makes it easier to deny entry to migrants. one week before the biden administration is set to let that rule end. lawyers from two dozen states have urged the judge to keep the pause in place even as some members of the president's own party are saying title 42 should stay. let's bring in brandon judd, president of the national border patrol council for more on this. thank you so much, brandon, for joining us. appreciate your time. >> jacqui, any time. >> jacqui: the biden cabinet was

at the white house today, it included homeland secretary alejandro mayorkas, talking about the infrastructure bill of all things from november. he took a question on the buffalo shooting, no discussion. border. surprised? >> it does not surprise me at all. he constantly tries to deflect what's going on at the border and it's extremely disappointing. if he does not face up and look at what the reality is, we are going to continue in this situation and it's not just like we are going to continue right now, it's in the future. it's going to get worse, especially when title 42 goes away. look right now at this time of the year, historically we are between 101,500 apprehensions, right now it's 700,000, and that's because what the administration has done in giving carve outs in title 42. once it goes completely away we are in serious trouble. >> the president is set to go to south korea and japan later this week and he's going to be there when title 42 is lifted if all goes to plan for the white house

and the judge does not stop it. the president has never been to the border. what are the optics of having him be out of the country and not seeing it himself. >> frustrating to the border patrol agents and the rest of the united states what wants it under control. the president continues to pretend like it's not an issue because the mainstream media does not cover it. and if they don't cover it, he's going to pretend it's not there. because fox news and other outlets cover it, that's the reason the american public is aware of what he is going on. and because the american public is aware, his numbers have been upside down on border security since he took office. it was the first crack in his armor and since that time we have seen a lot of other problems such as the economy, foreign policy and everything else. but it was border security first and he continues to fail and he's not doing anything on it. >> jacqui: border communities know what's going on and

representatives of border states are facing tough midterm elections or sounding off about it, it's not good for them. the white house talks about they have been preparing for title 42 to end for months, they have been surging resources to process migrants more quickly, 600 law enforcement officers from other government agencies to help border patrol. that force is already 23,000 strong, i ask you, what help can some 600 odd officers give when c.b.p. is struggling with the numbers before the crossings double. >> jacqui, i'm there, my agents deal with it. i can tell you 600 additional law enforcement from other agency that don't know what the operations are have to be brought up to speed. it going to be a very slow process and even that 600 agents is next to nothing. it's a drop in the bucket, especially when you consider that we are expecting the numbers to almost double from what they are today. 600 is not going to do anything.

what it is going to do is it's just going to continue to encourage more people to cross illegally, they are talking about processing people through the system quicker. it's one of the magnets that draws people. as long as we release people into the united states, and reward them from violating the laws they will come. >> have you seen the 600 agents, are they there yet? >> they are not supposed to there until title 42 goes away. >> john: agents are sorely needed. elon musk's bid for twitter on hold for now but not stopping the billionaire from airing his grievances against the social media giant. kelly o'grady has the details for us now. kelly. >> hi, john. yes, something of a tweet war between elon musk and c.e.o. stemming from the tesla leader's comments this weekend.

the deal is on hold while musk investigates whether spam bots represent only 5% of the platform's users. he speculates it could be 20%, which would make the transaction more difficult to execute. twitter's c.e.o. is defending the platform's numbers, claiming the company shared the bot estimation methodology with musk a week ago. he is also dismissing elon's push to perform his own audit. "unfortunately we don't believe it could be performed externally, given the public and private information, externally it's not possible to know what accounts are counted on any given day." in addition to someone refuting the claims, how do advertisers know what they are getting for their money. it's curious, the future with agrawal's future with the company is unclear, due a $42 million payout if he's fired after musk's takeover, but a criticism of the billionaire.

platform lacks transparency. it may be trying to negotiate a lower purchase price, $15 billion below the deal value. many are questioning if musk is looking to walk. john, faced a $1 billion break-up fee and billions in lawsuits but if he surfaces in a public way the company misrepresented info, it could give him juice to walk. >> john: you know, i wonder, did he ever intend to buy it or shake its feathers? >> we are all wondering. >> john: thanks, kelly. jacqui. >> jacqui: pennsylvania's high stakes senate primaries just one day away now, and one key demographic could play a big role in the results in the battleground state. live on the campaign trail in pennsylvania coming up next.

cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan. visit letsmakeaplan.org to find your cfp® professional. ♪♪ out here, you're a landowner, visit letsmakeaplan.org to find y a gardener,fessional. a landscaper and a hunter. that's why you need versatile, durable kubota equipment. after switching to the farmer's dog we noticed so many improvements in remi's health. his allergies were going away and he just had amazing energy. it looks like nutritious food, and it is. i'm investing in my dog's health and happiness. get started at longlivedogs.com new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria.

visit indeed.com/hire and get started today.

[zoom call] ...pivot... work bye. vacation hi! book with priceline. 'cause when you save more, you can “no way!” more. no wayyyy. no waaayyy! no way! [phone ringing] hm. no way! no way! priceline. every trip is a big deal. we are america's doctors. and some of us... are grandparents too. we want you to know. we trust the covid vaccine. for ourselves. for our patients. for our kids. so should you. ♪ music ♪

for adults with generalized myasthenia gravis who are positive for acetylcholine receptor antibodies, it may feel like the world is moving without you. but the picture is changing, with vyvgart. in a clinical trial, participants achieved improved daily abilities with vyvgart added to their current treatment. and vyvgart helped clinical trial participants achieve reduced muscle weakness. vyvgart may increase the risk of infection. in a clinical study, the most common infections were urinary tract and respiratory tract infections. tell your doctor if you have a history of infections or if you have symptoms of an infection. vyvgart can cause allergic reactions. the most common side effects include respiratory tract infection, headache, and urinary tract infection. picture your life in motion with vyvgart. a treatment designed using a fragment of an antibody.

ask your neurologist if vyvgart could be right for you. if you're a veteran, own your home, and need cash, ask your neurologist call newday usa. i'm tatiana, here to say you can get an average of $60,000 with the newday 100 cash out loan. that's at least 25% more cash than you get at a bank. it lowers your payments by an average of $600 a month, too. with today's soaring home values, the time to turn your equity into cash is right now. >> john: developing in the hotly contested primaries that could

shape the senate and balance the power in washington. a republican in the senate race is responding to video january 6. >> here's kathy barnett at the protest before rioters entered the capitol. she appears to be walking with member of the proud boy's group whose leader has pleaded to conspiracy. in a statement, barnett's campaign said she was there to support president trump and said any assertion that she participated or supported the destruction of property is false. she has no connection whatsoever to the proud boys. >> barnett has had an explosion of interest in her cape pain and raised her position in the polls. she's up against david mccormick and mehmet oz when pennsylvanians vote tomorrow. she said it could come down to which party makes the key demographic. bryan llenas live with more.

he's in allentown, pennsylvania. bryan? >> pennsylvania's latino population has exploded jumping 46% since 2010. allentown is now majority latino and it's part of the so-called 222 latino corridor. it's home to the highest populated cities where national elections can be won or lost. the city just voted for the first latino mayor, a democrat of cuban descent who said the latino vote is wide open. >> the vote is open to whoever has the best -- whoever can deliver. and that can absolutely be democrats who recognize that latinos want the same thing that everybody else wants. education, public safety and it's economic opportunity. >> while republicans sense an opportunity here following president trump's gains with latinos in 2020, the rnc opened

a hispanic community center in allentown, knocking on doors. yesterday carla sams campaigned at a bilingual church. conservatives are recruiting latino pastors about encouraging parishioners to get to the polls. >> we want them to go and vote. in that process, when we talk about the issues, we really try to highlight where those issues fall within our judeo-christian value system. >> victor martinez, the owner of a radio station, the largest spanish radio stations here in pennsylvania tells me he's disappointed. he calls the efforts by republicans and democrats horrible. he says the only candidate that has bought a radio ad on his spanish language station is a democrater john fedderman. that's about it. can't complain about voter turnout if you're not reaching out to them. john? >> john: living in allentown,

bryan llenas. thanks. we'll focus on that tomorrow. thanks. a big race tomorrow. >> it's going to be a big race. i'm watching to see the new white house correspondent. i'm john roberts. >> i'm jacqui heinrich. the story starts right now. >> pick it up where you left off. thanks. good afternoon. i'm martha maccallum in fox news headquarters in new york. we're hours from the biggest test so far of president trump's muscle in these mid-term elections. tomorrow you have five states that have big races. he's got seven endorsements among these candidates. the biggest drama by far is the slugfest in the swing state of pennsylvania. it is all about this. the retiring senator pat toomey, his seat up for grabs and both sides